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BARRET v. KUHN

No. 78-61.

572 S.W.2d 135 (1978)

William M. BARRET et al., Appellants, v. D. B. KUHN et al., Appellees.

Supreme Court of Arkansas, Division 2.

Rehearing Denied November 13, 1978.

Attorney(s) appearing for the Case

Keith, Clegg & Eckert, Magnolia, G. William Lavender and Johnny Arnold, Texarkana, for appellants.

Hayes C. McClerkin, Texarkana, for appellees.

HICKMAN, Justice.

The central legal question presented by this appeal from a Miller County Chancery Court decree is: do the owners of non-participating royalty interests, under their deeds, participate in all royalty in certain oil and gas leases or only in the normal one-eighth royalty reserved to the owners of the mineral interests? The chancellor held that their participation was only in a one-eighth royalty and we agree with that decision.

The appellees...

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